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Hardcore drunk drivers can be defined as individuals who drive with a high blood alcohol concentration (BAC) of .15 or above, who do so repeatedly, as demonstrated by having more than one drunk driving arrest, and who are highly resistant to changing their behavior despite previous sanctions, treatment, or education efforts.
Listed below are the terms most closely matching the definition above which could be used in Utah to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd or subsequent offense within 6 years.
DUI becomes a felony on the 3rd offense.
DWI REPORTING
Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Utah records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in Utah within the limits of the law.
The approximate number of licensed drivers is 1.1 million.
The average BAC level of offenders arrested is approximately .14.
Statistics kept on repeat offenders are based on arrests and convictions. According to the most recent information available, between 1991 and 1997 there were approximately 5,850 arrests for 2nd and subsequent DUIs. In 1996, there were 1,100 convictions for repeat DUI offenses.
IDENTIFICATION AND ASSESSMENT
Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.
In Utah identification of repeat offenders occurs most frequently at sentencing.
In Utah offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Utah following conviction, offenders, as shown, may receive an assessment/evaluation to determine the nature and extent of their alcohol problem:
� An assessment may be required at the court�s discretion, however, assessments are not mandated for any offenders.
In Utah the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Utah assessments may be conducted by a court-employed assessment specialist or a private agency at the discretion of the court. The costs of assessment and responsibility for payment varies by county, region and judges� discretion.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Utah results of the assessment may be provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Utah treatment is mandated for repeat offenders under the following circumstances: 1st and 2nd offenders may be required to attend an alcohol treatment program at the court�s discretion; 3rd offenders must attend an alcohol treatment program.
In Utah offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
In Utah the following treatment facility or program specifically targets the hardcore drunk driver: None.
ENFORCEMENT
While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.
The following enforcement techniques are used in Utah to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Utah there is no Anti-Plea Bargaining Statute for DUI. However, Utah has a plea bargain program under which a 1st DUI offense may be reduced to a reckless driving plea with prosecutor and judge�s approval. However, the reduced plea is recorded and any subsequent DUI within 6 years is considered a 2nd offense, thereby reinstating the 1st DUI.
In Utah the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 6 years.
In Utah at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information may include his or her entire criminal record.
In Utah there are graduated penalties for DUI based on number of offenses.
SANCTIONS
Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.
In the State of Utah, the following sanctions may only be ordered by the court:
Fines: $700 to $5,000 with mandatory minimums.
Incarceration - Mandatory minimums (may be replaced by community service): 1st offense - 48 hours; 2nd offense - 240 hours; 3rd or subsequent offense - 1,000 hours.
Community Service: May be court ordered in lieu of jail: 1st offense - 24 hours; 2nd offense - 80 hours; 3rd or subsequent offense - 240 hours.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure and Vehicle Impoundment: At the discretion of the court.
� Vehicle Immobilization, Vehicle Forfeiture: None.
Home Confinement with Electronic Monitoring: None.
Other Special Assessments/Surcharges: None.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Utah has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $150.
� Conditional Licensing: None.
� Alcohol Ignition Interlock: May be required as a provision of probation but is seldom used.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: 1st offenders must attend mandatory alcohol education, for 2nd offenders either education or treatment may be mandated, for 3rd offenders alcohol treatment is mandated. Costs vary and offender must pay.
� Treatment: Mandatory for 3rd and subsequent offenders; however, treatment options and cost vary according to regional availability.
� Intensive Weekend Intervention: None.
Listed below are the terms most closely matching the definition above which could be used in Utah to identify these offenders:
"Repeat offender."
Repeat offenders are defined in statute by 2nd or subsequent offense within 6 years.
DUI becomes a felony on the 3rd offense.
DWI REPORTING
Records on repeat offenses are one of the primary means of tracking the problem of hardcore drunk drivers.
The following are key aspects of Utah records:
New licensees are reviewed for outstanding suspensions/revocations in other states before a license is granted, and DUI convictions from other states are considered prior offenses in Utah within the limits of the law.
The approximate number of licensed drivers is 1.1 million.
The average BAC level of offenders arrested is approximately .14.
Statistics kept on repeat offenders are based on arrests and convictions. According to the most recent information available, between 1991 and 1997 there were approximately 5,850 arrests for 2nd and subsequent DUIs. In 1996, there were 1,100 convictions for repeat DUI offenses.
IDENTIFICATION AND ASSESSMENT
Identifying those drivers who are likely to repeatedly drive drunk and assessing the nature of their underlying problems is essential in order to keep hardcore offenders off the road.
In Utah identification of repeat offenders occurs most frequently at sentencing.
In Utah offenders with a high BAC at the time of arrest are treated as follows:
� All offenders are treated the same regardless of BAC.
In Utah following conviction, offenders, as shown, may receive an assessment/evaluation to determine the nature and extent of their alcohol problem:
� An assessment may be required at the court�s discretion, however, assessments are not mandated for any offenders.
In Utah the assessment is conducted post-trial, but pre-sentencing and the individual returns to court for final sentencing based on the assessment.
In Utah assessments may be conducted by a court-employed assessment specialist or a private agency at the discretion of the court. The costs of assessment and responsibility for payment varies by county, region and judges� discretion.
TREATMENT
Treatment and rehabilitation programs play an important role in reducing hardcore drunk driving.
In Utah results of the assessment may be provided to the offender�s attorney, the judge/administrator presiding over the case, the treatment agency and the prosecutor. The offender is referred to treatment on the basis of the assessment by order of the court.
In Utah treatment is mandated for repeat offenders under the following circumstances: 1st and 2nd offenders may be required to attend an alcohol treatment program at the court�s discretion; 3rd offenders must attend an alcohol treatment program.
In Utah offenders failing to comply with the terms of their program are not eligible for license reinstatement and may be returned to the court for further action.
In Utah the following treatment facility or program specifically targets the hardcore drunk driver: None.
ENFORCEMENT
While law enforcement works against drunk driving across the board, it is central in the battle against hardcore drunk drivers.
The following enforcement techniques are used in Utah to detect and apprehend drunk drivers:
Sobriety Checkpoints, Blanket Patrols, Media Blitzes with Enforcement Campaigns, Standardized Field Sobriety Testing, Mobile Video-taping.
PROSECUTION AND SENTENCING PRACTICES
A number of factors influence the sentence a drunk driver receives.
In Utah there is no Anti-Plea Bargaining Statute for DUI. However, Utah has a plea bargain program under which a 1st DUI offense may be reduced to a reckless driving plea with prosecutor and judge�s approval. However, the reduced plea is recorded and any subsequent DUI within 6 years is considered a 2nd offense, thereby reinstating the 1st DUI.
In Utah the period of time in which a judge or administrator can review an offender�s record (the "look-back" period) is 6 years.
In Utah at the time of sentencing, an individual�s arrest and conviction records are available for consideration by the court. This information may include his or her entire criminal record.
In Utah there are graduated penalties for DUI based on number of offenses.
SANCTIONS
Sanctions against the offender may be derived from criminal action, i.e. court-ordered, or administrative action by the licensing authority as a condition of license reinstatement. Many are aimed at preventing or limiting the opportunity of the hardcore offender to drink and drive. The purpose of others is rehabilitation.
In the State of Utah, the following sanctions may only be ordered by the court:
Fines: $700 to $5,000 with mandatory minimums.
Incarceration - Mandatory minimums (may be replaced by community service): 1st offense - 48 hours; 2nd offense - 240 hours; 3rd or subsequent offense - 1,000 hours.
Community Service: May be court ordered in lieu of jail: 1st offense - 24 hours; 2nd offense - 80 hours; 3rd or subsequent offense - 240 hours.
Intensive Supervision Probation: At the discretion of the court.
Victim Impact Panel: At the discretion of the court.
Action Against Offender�s Vehicle: Registration Cancellation/Plate Seizure and Vehicle Impoundment: At the discretion of the court.
� Vehicle Immobilization, Vehicle Forfeiture: None.
Home Confinement with Electronic Monitoring: None.
Other Special Assessments/Surcharges: None.
The following sanctions may be ordered by the court or by the licensing authority:
Licensing Action:
� Suspension/Revocation: Utah has both pre-conviction administrative and post-conviction court-ordered with mandatory minimums beginning with the 1st offense. Reinstatement Fee: $150.
� Conditional Licensing: None.
� Alcohol Ignition Interlock: May be required as a provision of probation but is seldom used.
� Autotimer, Fuel Lock, Special Plate Markings: None.
Rehabilitation:
� Education: 1st offenders must attend mandatory alcohol education, for 2nd offenders either education or treatment may be mandated, for 3rd offenders alcohol treatment is mandated. Costs vary and offender must pay.
� Treatment: Mandatory for 3rd and subsequent offenders; however, treatment options and cost vary according to regional availability.
� Intensive Weekend Intervention: None.
